Again, nice to hear this talk of a full data restoration after T-Mobile’s warning that all personal data had been permanently lost. Clearly, Microsoft (MSFT) is doing everything in its power to remedy the issue, which has led many to question the company’s protocols for redundancy and server failure, and beyond these, whether the software giant can even be trusted to safeguard user data. As Microsoft CEO Steve Ballmer told Network World, the Sidekick fiasco was “not good.”

“It is something we are going to have to address and explain to customers, our method and process and quality approach and what went wrong in that case and how we are making sure that it does not happen again,” Ballmer said. “Non-Sidekick users, we are not earning their trust back but I think people are going to say, ‘Hey, look, show me what you are doing to insure this does not happen to me.’”

In its study, Interpret identified the key drivers of smart-phone purchasing decisions as influenced by perceptions that the device is, in order of importance:

• Smart (intelligent, adept)
• Cool (hip, trendy)
• Productive (efficient, organized)

The study found that by catering to these drivers in its marketing, Palm (PALM) was able to develop a heightened consumer awareness of the Pre even in a market already crowded with strong brands (see chart below; click to enlarge).

“Consumers intending to purchase a smartphone no longer feel that the iPhone is the only player in the smartphone market,” Interpret concludes, noting that by catering to the need by consumers to feel smart, cool and productive, the Pre is now a player in that space as well.

“It appears the most highly publicized signature smartphones are no longer expected to simply accomplish advanced tasks, but they must also project three key attributes of their owners to others,” the study declares. “Consumers are so pressed to portray these traits that they are demonstrating a willingness to accept phones that accomplish this undertaking at a higher price tag.”

Continuing, Interpret sums up Palm’s approach and the results: “In December, Palm was languishing as an irrelevant smartphone player, but it has now rejuvenated its standing as having a genuine presence in the market. Palm approached the Pre marketing campaign as a combination of smart, productive and cool brand associations….Even though the Pre has not sold millions, its significant role in jumpstarting Palm’s revival has put the brand in a place to expand to different carriers–and increase its market share by developing similar handsets.”

Evidently, Palm is cool again.

Just hours after Julius Genachowski, chairman of the Federal Communications Commission, unveiled his open Internet proposal, a number of Republican senators stepped forward to oppose it. Arguing that Net Neutrality will “impede investment and innovation of new technologies,” Sen. Kay Bailey Hutchison (R., Texas) proposed an amendment to an Interior Department appropriations bill that would bar the FCC from using federal funds to implement the proposal.

“I am deeply concerned by the direction the FCC appears to be heading,” Hutchison, the ranking Republican on the Senate Commerce Committee, said in a statement. “Even during a severe downturn, America has experienced robust investment and innovation in network performance and online content and applications. For that innovation to continue, we must tread lightly when it comes to new regulations. Where there have been a handful of questionable actions in the past on the part of a few companies, the commission and the marketplace have responded swiftly.”

Joining her in proposing the amendment were Senators John Thune (R., S.D.), Sam Brownback (R., Kan.), David Vitter (R., La.), Jim DeMint (R., S.C.), and John Ensign (R., Nev.), who had this to say in a statement of his own:

“In this struggling economy, any industry that is able to thrive should be allowed to do so without meddlesome government interference that could stifle innovation. We must avoid burdensome government regulations that micromanage private businesses or that limit the ability of companies to provide what their customers want. The Internet has flourished in large part because of a lack of government interference; I see no need to change that now.”

Nor does AT&T (T), which–coincidentally, I’m sure–happens to be a top-20 donor not just for Ensign and Hutchison, but for the four other senators who would block Genachowski’s initiative as well. Said Jim Cicconi, AT&T’s senior executive vice president of external and legislative affairs: “AT&T would be very disappointed if [the FCC] has already drawn a conclusion to regulate wireless services despite the absence of any compelling evidence of problems or abuse that would warrant government intervention.”

And it’s not going to be getting one anytime soon, either, despite rumors that Microsoft is working on one and courting developers to port their iPhone apps over to it. Which is not to say that the company isn’t building an answer to Apple’s App Store–it is. Redmond is just building it for Windows Mobile, not Zune.

“We’re trying to get out of the business of building similar things in the company that don’t work together, and the Windows Mobile team is tackling the challenge of a mobile apps marketplace right now,” Zune marketing manager Brian Seitz told TechFlash. “We don’t necessarily line up perfectly with that, to take advantage of whatever ends up coming out of that from the Zune HD standpoint, but down the line if there’s a way that we can plug into what they’re doing, I’m sure we’ll look into whether that makes sense for the business.”

But by then, of course, it will be too late. Arguably, it’s too late already. As Apple gleefully noted during its annual music event last week, NPD pegs the company’s share of the portable media device market at nearly 74 percent. Meanwhile, Microsoft’s tops out at an estimated 1.1 percent.

Raising that share was already a Sisyphean task for Microsoft (MSFT), and it has only become more difficult now that Apple (AAPL) has introduced not just a new iPod nano with a built-in video camera and FM radio, but also a more inexpensive iPod touch.

Microsoft is pricing the 16GB Zune HD at $219.99 and the 32GB version at $289.99. But you can get a 32GB iPod touch for $299. And you can get an 8GB touch for $199. Now, granted, the touch offers only half the storage of the 16GB Zune HD, but it supports the iTunes App Store. And if you really want that extra 8GB, you can always buy an iPod nano, which shoots video and at $179.00, is $30 cheaper than the Zune HD.

Astonishing, really, when you think about it. In just 12 months, the App Store spawned a thriving developer ecosystem, a new gaming platform and a half-billion dollar software marketplace, an unprecedented achievement in the mobile world. Certainly, Apple’s rivals have all taken note of the company’s success and adopted similar approaches to distributing mobile applications, though–as Jobs notes–it’s going to be tough for them to ever match Apple (AAPL).

Oh, one last point worth making here. You know Steve Jobs is back, really back, when he’s talking smack about rivals in an Apple press release…

Below, a breakdown of apps by category and a graph of their growth over time, courtesy of 148Apps.biz. Click on the charts to enlarge.

“It was clear that internationally, just as in the US, MySpace’s staffing had become too big and cumbersome to be sustainable in current market conditions,” said MySpace CEO Owen Van Natta. “Today’s proposed changes are designed to transform and refine our international growth strategy.” Operations in Argentina, Brazil, Canada, France, India, Italy, Mexico, Russia, Sweden and Spain are “under review,” he added, and face possible closure.

The cuts follow a 30 percent reduction in headcount in the states last week and the hastening erosion of MySpace’s position in the social-networking market. MySpace lost the title of world’s most popular social network to rival Facebook last year and was overtaken by it in the U.S. last month as well.

We absolutely will offer MMS on iPhone 3G S in the late summer, once we complete some system upgrades that will ensure our customers have the best experience with MMS. These upgrades are unrelated to our 3G network. … We plan to offer a tethering plan but we don’t have anything to announce today.

– AT&T spokesperson Seth Bloom

Welcome news for folks who love the iPhone, but hate AT&T. The increasing prevalence of exclusivity agreements between wireless carriers and cellphone manufacturers, like the one between Apple (AAPL) and AT&T (T), is drawing some government scrutiny. Four U.S. senators are urging the Federal Communications Commission to review such deals with an eye toward determining whether they unfairly restrict consumer choice and hamper competition. In a letter, the four asked that the Commission specifically consider the following:

• Whether exclusivity agreements are becoming increasingly prevalent between dominant wireless carriers and handset manufacturers

 

• Whether exclusivity agreements are restricting consumer choice with respect to which handsets are available depending on a consumer’s geographic region, particularly for consumers living in rural America

 

• Whether exclusivity agreements place limitations on a consumer’s ability to take full advantage of handset technologies, such as the ability to send multimedia messages or the ability to “tether” a device to a computer for Internet use.

 

• Whether exclusivity agreements are manipulating the competitive marketplace between commercial wireless carriers. Specifically, whether the ability for a dominant carrier to reach an exclusive agreement with a handset manufacturer is inhibiting the ability of smaller, more regional carriers to compete

 

• Whether exclusivity agreements play a role in encouraging or discouraging innovation within the handset marketplace

An interesting list and one that seems to single out AT&T, though it doesn’t mention the carrier by name. Indeed, limiting “a consumer’s ability to take full advantage of handset technologies, such as the ability to send multimedia messages or the ability to ‘tether’ a device to a computer for Internet use” is exactly what AT&T will do later this week when the iPhone 3G S and iPhone OS 3.0 debut without the carrier’s support for their new tethering and MMS capabilities.

And then there’s this: The iPhone 3G S is compatible with high-speed packet access 7.2 technology, which offers theoretical peak download speeds of up to 7.2 Mbps. But AT&T doesn’t plan to begin deploying HSPA 7.2 until later this year and the company doesn’t expect to complete the rollout until 2011.

Finally, the company’s refusal to sell the iPhone in rural areas where it provides only roaming coverage certainly restricts “consumer choice with respect to which handsets are available depending on a consumer’s geographic region, particularly for consumers living in rural America.”

Clearly, if the senators responsible for this letter were looking for a case study for the problems with exclusive carrier-device agreements, they’ve got one ready-made in AT&T.

“Simply put, our staffing levels were bloated and hindered our ability to be an efficient and nimble team-oriented company,” CEO Owen Van Natta said in a statement. “I understand that these changes are painful for many. They are also necessary for the long-term health and culture of MySpace. Our intent is to return to an environment of innovation that is centered on our user and our product.”

“MySpace grew too big considering the realities of today’s marketplace,” said Jon Miller, News Corporation’s (NWS) CEO of Digital Media. “I believe this restructuring will help MySpace operate much more effectively both structurally and financially moving forward.”

The news follows a report by market research outfit comScore (SCOR), indicating that Facebook has surpassed MySpace in the U.S. market as the top social-networking site.

Below, CEO Owen Van Natta’s all-hands memo breaking the ugly news.

Everyone,

Today we are making a number of changes to MySpace’s domestic organizational structure. For the long-term health of the company we are making some very tough, but unfortunately very necessary decisions.

We are reducing our workforce from 1,420 employees to 1,000 – all divisions within the company are affected by this restructure.

These decisions are difficult for everyone, but especially for our friends and colleagues who contributed to MySpace’s success and are directly affected by the changes. Through no fault of theirs our company’s size became unsustainable. The future success of MySpace is dependent upon us operating as a nimble and entrepreneurial company with the adaptive mentality of a start-up.

I believe this is the first difficult step toward a major turnaround – a step that will not only shore us up in the short term, but position us for long term success. We need to become a more innovative company. Becoming more innovative is an ongoing responsibility for all of us, not a one-time effort. We are developing a process that will empower anyone in the company to contribute ideas and enable us to integrate your thoughts into our plans for the future. We will follow-up with details on this process in the coming weeks.

This week we will communicate the foundation for our company strategy. In the days ahead, I will visit a number of U.S. offices, starting tomorrow at HQ, MySpace Music, and El Segundo. On Thursday I look forward to seeing everyone in Seattle and San Francisco, and on Friday, I’ll be spending time with the team based in New York.

I’m honored to be working with you on the next phase of MySpace and I’m grateful for your patience during this difficult process.

Thank you,
Owen

You know things are bad at AMD when the company’s schadenfreude over Intel’s European legal woes spills over into its brand messaging. Surf over to AMD’s Web site this morning and you’ll find foremost on its homepage not a message about Fusion, its next-generation microprocessor design, or branding for its various chips, but a gigantic European Union flag flying over this text:

“European Commission finds Intel guilty of breaking antitrust laws, harming consumers.”

Click through and you’ll find an entire subsite celebrating the EC’s finding–a shrine of court documents, press releases and industry quotes. “European Commission Reveals the Truth About Intel,” the page shouts, cataloging AMD’s grievances against the company. And while that’s apparently the case, AMD’s response reveals a bit of truth about AMD. Gloating over a legal victory is one thing, but building a branding campaign around it is another one entirely. Moral superiority is wonderful, but it’s not going to win any battles in the marketplace.

For AMD (AMD) to beat Intel (INTC) at its own game, it must beat Intel at its own game. “Imagine a world where the world’s most important information technology only comes from one place,” AMD President and CEO Dirk Meyer recently told BusinessWeek. “Nobody wants to live in that world.” No, I suppose not. But if we’re going to live in the better one the Meyer is hinting at, AMD has got to build it. Talking about it as your company continues to struggle toward profitability after more than two years of losses, isn’t going to cut it.

For eBay, whose shares have plummeted some 43 percent in the last year, the moves are further efforts to prop itself after the declining performance of its core marketplace division.